Full Text of HB5359 95th General Assembly
HB5359eng 95TH GENERAL ASSEMBLY
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HB5359 Engrossed |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Hospital Licensing Act is amended by | 5 |
| changing Section 4.5 as follows:
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| (210 ILCS 85/4.5)
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| Sec. 4.5. Hospital with multiple locations; single | 8 |
| license.
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| (a) A hospital located in a county with fewer than | 10 |
| 3,000,000 inhabitants may
apply to the Department for approval | 11 |
| to conduct its operations from more than
one location within | 12 |
| the county under a single license.
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| (a-5) A hospital located in a county with 3,000,000 or more | 14 |
| inhabitants may apply to the Department for approval to conduct | 15 |
| its operations from more than one hospital within the county | 16 |
| under a single license if the distance between each hospital to | 17 |
| be combined under one license is no more than one-half mile and | 18 |
| both hospitals were operated by a single health system on | 19 |
| January 1, 2008. | 20 |
| (b) The facilities or buildings at those locations must be | 21 |
| owned or
operated together by a single corporation or other | 22 |
| legal entity serving as the
licensee and must share:
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| (1) a single board of directors with responsibility for |
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| governance,
including financial oversight and the | 2 |
| authority to designate or remove the
chief executive | 3 |
| officer;
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| (2) a single medical staff accountable to the board of | 5 |
| directors and
governed by a single set of medical staff | 6 |
| bylaws, rules, and regulations with
responsibility for the | 7 |
| quality of the medical services; and
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| (3) a single chief executive officer, accountable to | 9 |
| the board of
directors, with management responsibility.
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| (c) Each hospital building or facility that is located on a | 11 |
| site
geographically separate from the campus or premises of | 12 |
| another hospital
building or facility operated by the licensee | 13 |
| must, at a minimum, individually
comply with the Department's | 14 |
| hospital licensing requirements for emergency
services.
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| (d) The hospital shall submit to the Department a | 16 |
| comprehensive plan in
relation to the waiver or waivers | 17 |
| requested
describing the services and operations of each | 18 |
| facility or building and how
common services or operations will | 19 |
| be coordinated between the various
locations. With the | 20 |
| exception of items required by subsection (c), the
Department | 21 |
| is authorized to waive compliance with the hospital
licensing | 22 |
| requirements for specific buildings or facilities, provided | 23 |
| that the
hospital has documented which other building or | 24 |
| facility under its single
license provides that service or | 25 |
| operation, and that doing so would not
endanger the public's | 26 |
| health, safety, or welfare. Nothing in this Section
relieves a |
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| hospital from the requirements of the Health Facilities | 2 |
| Planning
Act.
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| (e) Notwithstanding any other rulemaking authority that | 4 |
| may exist, neither the Governor nor any agency or agency head | 5 |
| under the jurisdiction of the Governor has any authority to | 6 |
| make or promulgate rules to implement or enforce the provisions | 7 |
| of this amendatory Act of the 95th General Assembly. If, | 8 |
| however, the Governor believes that rules are necessary to | 9 |
| implement or enforce the provisions of this amendatory Act of | 10 |
| the 95th General Assembly, the Governor may suggest rules to | 11 |
| the General Assembly by filing them with the Clerk of the House | 12 |
| and Secretary of the Senate and by requesting that the General | 13 |
| Assembly authorize such rulemaking by law, enact those | 14 |
| suggested rules into law, or take any other appropriate action | 15 |
| in the General Assembly's discretion. Nothing contained in this | 16 |
| amendatory Act of the 95th General Assembly shall be | 17 |
| interpreted to grant rulemaking authority under any other | 18 |
| Illinois statute where such authority is not otherwise | 19 |
| explicitly given. For the purposes of this amendatory Act of | 20 |
| the 95th General Assembly, "rules" is given the meaning | 21 |
| contained in Section 1-70 of the Illinois Administrative | 22 |
| Procedure Act, and "agency" and "agency head" are given the | 23 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 24 |
| Administrative Procedure Act to the extent that such | 25 |
| definitions apply to agencies or agency heads under the | 26 |
| jurisdiction of the Governor. |
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| (Source: P.A. 89-171, eff. 7-19-95.)
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| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.
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